Harrison & Ors v Technical Sign Company Ltd [2012] EWHC 2887 (TCC) (15 October 2012)

Harrison & Ors v Technical Sign Company Ltd [2012] EWHC 2887 (TCC) (15 October 2012)

Active Commercial Interiors Limited was in breach of contract and statutory duty by failing to ensure the fascia was adequately supported, directly causing the collapse and injuries. Maison Blanc is entitled to a contribution from Active. Cluttons LLP was not negligent as there was insufficient evidence they knew or ought to have known of the dangerous condition prior to the collapse.

Citation
[2012] EWHC 2887 (TCC)
Parties
Claimant: Mrs Gillian Harrison; Claimant: Mr Michael Harrison; Claimant: Mr Nigel Harrison; First Defendant: Technical Sign Company Limited; Second Defendant: Maison Blanc Limited; Third Defendant: Active Commercial Interiors Limited; Fourth Defendant: Cluttons LLP; Fifth Defendant: R&J Building Services Limited
Jurisdiction
England and Wales
Judgment Date
15 October 2012
Procedural Posture
Part 20 Proceedings (contribution/indemnity Claims) in Personal Injury Action / Judgment After Trial
Outcome
Maison Blanc entitled to contribution from Active; Cluttons not liable; Active not liable for full indemnity; R&J Building Services Limited not liable.
Legal Topics
Negligence, Breach of Contract, Contribution Under Civil Liability (contribution) Act 1978, Building Regulations Compliance, Personal Injury
Tort Contract Construction Law Negligence Breach of Contract Contribution Under Civil Liability (contribution) Act 1978 Building Regulations Compliance Personal Injury

Case Brief

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Parties

Mrs Gillian Harrison

Claimant

Mr Michael Harrison

Claimant

Mr Nigel Harrison

Claimant

Technical Sign Company Limited

First Defendant

Maison Blanc Limited

Second Defendant

Active Commercial Interiors Limited

Third Defendant

Cluttons LLP

Fourth Defendant

R&J Building Services Limited

Fifth Defendant

Procedural Posture

Part 20 Proceedings (contribution/indemnity Claims) in Personal Injury Action / Judgment After Trial

Legal Issues

  1. 1 Whether Active Commercial Interiors Limited was in breach of contract and/or duty in relation to the collapse of the fascia and sign
  2. 2 Whether Maison Blanc Limited was entitled to contribution or indemnity from Active and/or Cluttons LLP
  3. 3 Whether Cluttons LLP was negligent or liable to contribute to damages

Ratio Decidendi

Active Commercial Interiors Limited was in breach of contract and statutory duty by failing to ensure the fascia was adequately supported, directly causing the collapse and injuries. Maison Blanc is entitled to a contribution from Active. Cluttons LLP was not negligent as there was insufficient evidence they knew or ought to have known of the dangerous condition prior to the collapse.

Court Disposition

Maison Blanc entitled to contribution from Active; Cluttons not liable; Active not liable for full indemnity; R&J Building Services Limited not liable.

Orders

  • Maison Blanc's claim for contribution against Active Commercial Interiors Limited succeeds.
  • Maison Blanc's claim against Cluttons LLP is dismissed.